Bank of Ireland increase differential on tracker rates

Bank of Ireland increase differential on tracker rates

10:32 AM, 28th February 2013, About 11 years ago 1862

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The story of the Bank of Ireland decision to increase to the differential (interest rate margin) on  tracker mortgages started on this forum when a professional landlord contacted Property118 within minutes of a letter from Bank of Ireland landing on his door mat. What ensued was outrage from landlords and affected residential mortgage borrowers. The story was quickly picked up by the National Media as it wasn’t just the 13,500 affected borrowers who were worried.

Will this set a precedent for other mortgage lenders to follow?

Property118 reacted by using funds donated to The GOOD Landlords Campaign to underwrite the cost of a barristers opinion on the legality of the Bank of Ireland’s actions. The remainder of this thread,one of the most read and most commented threads of all time on Property118, continues to tell the story as it unfolds.

If you want to skip the story and cut to the chase simply CLICK HERE

Of the 13,500 affected borrowers, 1,200 have had the decision reversed by Bank of Ireland. With additional support and pressure we believe all affected borrowers can and will see justice done.

___________________________________________

Lee, a professional Landlord asks, “help! I have just received a letter from the Bank of Ireland stating they want to increase the differential on my tracker rates.

I have 12 mortgages with the Bank of Ireland previously Bristol and West. I have been on a base rate tracker of 1.75% above base, but now Bank of Ireland are using some fine print claiming they have to recapitalise and saying the ‘new differential will be 4.49%.

How can I fight back?”

The original policy wording seems to be:

6 INTEREST

Charging interest at a tracker rate

(j) Unless we change the differential (if any) under condition 6 (n), we will not change the tracker rate unless the base rate changes.

(m) in condition 6 (n):
– a “positive differential” means a percentage which we add to the base rate to arrive at the tracker rate; and a “negative differential” means a percentage which we subtract from the base rate to arrive at the tracker rate.

(n) We may reduce a positive differential or increase a negative differential at our discretion by giving you not less than seven days written notice. This means that we can change the differential in a way that is favourable to you.

The above seems to indicate that they can reduce the rate in my favour, but not give them the right to increase it. Am I correct?


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Comments

16:09 PM, 1st March 2013, About 11 years ago

Joff Pugh
I have received 2 letters yesterday for increases from 2.25% to 4.99%
Have a total of 3 mortgages the latter one post 2007
Disgusting behaviour from the Bank, I can see they have not learnt anything from the previous 5 years. WILL WE EVER TRUST THEM.
I have spoken and written to my MP, put an official complaint in to the Bank of Ireland, spoken to the Ombudsman.
ROBBERS

Mark Alexander - Founder of Property118

16:14 PM, 1st March 2013, About 11 years ago

If you use Twitter please visit the thread and RT the following

Mark Alexander - Founder of Property118

17:10 PM, 1st March 2013, About 11 years ago

And Bank of Ireland responded with this tweet

Lee Gough

17:34 PM, 1st March 2013, About 11 years ago

I have had my twitter account suspended for RT Marks comment, ahh bless the B of Ireland.

Mark Alexander - Founder of Property118

17:39 PM, 1st March 2013, About 11 years ago

That's strange Lee, mine is fine.

Ian Hamilton

17:45 PM, 1st March 2013, About 11 years ago

The banks have been recapitalizing since the financial crisis started 4 / 5 years ago. So why have they waited until now to invoke this clause. If they had invoked this clause when the BOE first dropped the base rate to 0.5%, landlords would have had the choice to switch mortgages or even sell up! Now 4 years on many landlords are trapped with little or no equity left to remortgage. This in my opinion makes it grossly unfair of the banks to do it now! If they wanted to do it they should of done it straight away.

Darrell G

18:49 PM, 1st March 2013, About 11 years ago

Just glanced at The Sun newspaper article today (1/3/13) on their business pages. They're reporting on the sham from Bank of Ireland & I couldn't believe what was reported...... apparently.........

.....IRISH CUSTOMERS ARE NOT AFFECTED!!!!!

Now, I love the irish people, my grandparents we're irish but, are we not getting a little racist? Thinking, European Court of Human Rights?

Thoughts anyone.

Richard Baker

20:14 PM, 1st March 2013, About 11 years ago

Going back to Lee's original post, the terms seem quite clear - they can make changes that count in the borrower's favour, but not in a way that is unfavourable. Can someone clarify what BOIs argument is - which clause do they feel gives them the right to do this?

Richard Kent

20:31 PM, 1st March 2013, About 11 years ago

Hi,
I have a BOI mortgage but have made a complaint for a slightly different reason.

1. Ensure you make a formal telephone complaint to the BOI which they have to respond to. The reply will invite you to complain to the FOS if you are not happy with the answer therein.

2. Now lodge your complaint with the FOS. Please note that the FOS form requires you to make a formal complaint to the company first and waiting for the reply before lodging it with the FOS as described in 1. above.

3. The BOI will be charges by the FOS around £500 to £600 whether the complaint is upheld or not.

If anyone wishes to partly redeem their BOI mortgage but is trying to do it without a penalty and wishes to complain to the FOS please respond to this post with your email address and I will try to help.

Fed Up Landlord

20:49 PM, 1st March 2013, About 11 years ago

Its paragraphs C and D of the special mortgage conditions in the mortgage offer combined with section 4(10) of the Mortgage Conditions Handbook 2002. in a nutshell if they think its necessary for the viability of their nusiness or to respond to adverse market conditions. Plus a load of other obscure reasons which cover just about anything. I think it will be classified as unfair by FSA and OFT but it all depends on their interpretation.

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